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Court Rules Medical Marijuana Law Does Not Provide Immunity from DUI

It is a decision that Los Angeles DUI lawyers find even more intriguing because California also has laws that allow the use of marijuana for medicinal purposes. A court in Arizona has ruled that the state’s medical marijuana law that allows the sale of marijuana for medicinal purposes, does not provide DUI immunity to persons driving under the influence of pot.

The appeals court ruled that residents of the state who have medical marijuana cards, that allow them to purchase and smoke pot legally, can still face prosecution for DUI. The appeals court was asked to address whether users of medical marijuana in that state, should have any immunity from prosecution for DUI. The case involved a man, who was arrested back in the summer 2011 for driving while impaired. He was under the influence of marijuana at the time of the arrest.

The man was acquitted of charges of driving while impaired, but convicted under a law that prohibits persons from driving when they have a prohibited drug in their system. He appealed that decision, arguing that the medical marijuana law provided immunity to medical marijuana users from prosecution, unless they were specifically driving while impaired. Since he wasn't convicted of driving while impaired, he argued that he should not be convicted of operating a vehicle with a prohibited drug in his system.

However, the court has disagreed with him, and has confirmed that the medical marijuana law in Arizona does not provide any immunity under DUI laws.

In California, you can be arrested for driving under the influence of marijuana. Speak to a Los Angeles DUI lawyer as soon as you are arrested.

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